A bespoke up-to-date strata management agency agreement template and proposal, tailored for your firm!
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A bespoke up-to-date BMC agency agreement template and proposal, tailored for your firm!
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A bespoke contract to enable service charges direct to owners who want that special service that the committee does not wish to pay for.
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A bespoke up-to-date community, precinct and neighbourhood agency agreement template and proposal, tailored for your firm!
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Contract between a strata manager and a developer for pre-registration services.
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A bespoke up-to-date building management agency agreement template and proposal, tailored for your firm.
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A tailored by-law for your renovation works.
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An agreement from the owners corporation to owners or occupants to supply amenities, such as, electric vehicle charging infrastructure, telecommunication services, window cleaning, garbage disposal and recycling services.
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Legal advice to inform you of the measures to take to properly balance the contract and make it legally compliant.
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Advice on the impact of the insurance and terms of the deed of release.
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Advice regarding losses following defective reports following property purchase.
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Posted 16 July 2020
Category: Building Defects
Reform Finally!
After years of rising concern about declining standards of residential property construction and narrowing of options available to strata owners corporations and lot owners in defective buildings, the NSW Government has passed reform legislation, the Design and Building Practitioners Act 2020 (“Act”). This will likely be game changing for owners corporations and lot owners in defective buildings.
The Act commences in stages:
This article deals with the new duty of care. A separate article Design and Building Practitioners Act 2020 – Registration and Regulation of Design and Building Practitioners considers the pending registration and regulation regime.
Registration Regime
Key features:
Regulation of Regulated Designs
Key concepts:
Note- where there is a principal contractor, the obligations referred to below as attaching to the builder attach to the principal contractor and not to subcontractors.
Key obligations:
Maximum penalties for non-compliance are $33,000 for companies and $11,000 for individuals.
The maximum penalty for making a false or misleading building compliance declaration is $22,000 or imprisonment for two years, or both.
Investigation, Enforcement and Disciplinary Action
The Act provides for the appointment of authorised officers with wide-ranging powers to investigate compliance, including powers to:
The maximum penalty for obstruction of or failure to comply with a direction of an authorised officer is $11,000 for a company or $2,200 for an individual.
The Secretary can also issue a Stop Work Order if the Secretary is of the opinion that the work is or is likely to be carried out in contravention of the Act and such contravention could result in significant harm or loss to the public, potential occupiers or significant damage to property.
***The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.